SCHEDULES

SCHEDULE 16Penalties

Variation of penalty

7

1

The Commissioner may vary a penalty notice by giving written notice (a “penalty variation notice”) to the person to whom it was given.

2

A penalty variation notice must specify—

a

the penalty notice concerned, and

b

how it is varied.

3

A penalty variation notice may not—

a

reduce the period for payment of the penalty;

b

increase the amount of the penalty;

c

otherwise vary the penalty notice to the detriment of the person to whom it was given.

4

If—

a

a penalty variation notice reduces the amount of the penalty, and

b

when that notice is given, an amount has already been paid that exceeds the amount of the reduced penalty,

the Commissioner must repay the excess.